According to a May 6, 2025 order issued by a New York federal judge, the U.S. Department of Education (USDE) must allow the temporary extension of federal COVID-19 emergency funds to flow to 16 states and the District of Columbia (DC). Pennsylvania is one of the 16 states.

The preliminary injunction states that USDE is prohibited from enforcing the cancellation of funding under the Elementary and Secondary School Emergency Relief (ESSER) program during the litigation or until a further court order. The reprieve only applies to those that sued for access to the funds. Along with DC, those states whose attorneys general sued are Arizona, California, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, New York, Nevada, and Oregon, as well as Governor Josh Shapiro of Pennsylvania.

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